Dear Seniors
Please clarify the below mentioned quiry. I could not understand what exactly Mr.Ravi is telling but i think there is a point in his post.
Waiting for the seniors reply in this regard.
UDAY
[QUOTE=Ravishank;958110]But my question is if the women had to get pregnant then why did she join the company, just to avail maternity benefits, because in todays world couples plan their baby, so obviously the women might have planned her baby, so if she had planned her baby then why she joined your company, kindly counsel with her and might be you can ask her to resign and take another employee in replacement, because the company is running to make profits and not to just give maternity leave to employees.
It is another point that the women was working in your company for 1 year and then she is demanding maternity benefits, because now she has worked only for 4 months and there is no guarantee that she will return after pregnancy as might be she need to take care of baby so obviously you will be wasting lot of money on her, so better counsel with her and let her resign the job. Because I feel maternity benefits should be given only to women who work for long time, like 1 year or so.
Now the above reply was not legal but going legally:
If we analyze the maternity benefit act carefully:
ELIGIBILITY FOR MATERNITY BENEFIT:
A women shall be entitled to maternity benefit only if she has actually worked in an
establishment of the employer for a period of not less then eighty days in the twelve
months immediately proceeding the date of her expected delivery (section-5[2])
MAXIMUM PERIOD OF MATERNITY BENEFIT: Maximum twelve weeks of
which not more then six weeks shall proceed the date of her expected delivery (section-
5[5])
i.e. six weeks prenatal and six weeks post natal
:
Now extracting points to make it simple:
A women has to work minimum 80 days is one eligibility and another eligibility is she needs to be minimum one year old in the company from the expected date of delivery.
So as explained by one member she will get 6 weeks pre natal and 6 weeks post natal, taking into consideration days we get as 6*7= 42 days prenatal and 42 days post natal,
So if the employee is planning to take leave from XX date then the employee has to be in employment for minimum 365-42 = 323 days old in employment from the date of her taking leave, I dont know howcome so many senior HRs failed to notice this very important point of law, because each and every sentence, clause in law has a hidden meaning, and our indian laws are most confusing, so you need to carefully analyze each and every clause,[/QUOTE]
Please clarify the below mentioned quiry. I could not understand what exactly Mr.Ravi is telling but i think there is a point in his post.
Waiting for the seniors reply in this regard.
UDAY
[QUOTE=Ravishank;958110]But my question is if the women had to get pregnant then why did she join the company, just to avail maternity benefits, because in todays world couples plan their baby, so obviously the women might have planned her baby, so if she had planned her baby then why she joined your company, kindly counsel with her and might be you can ask her to resign and take another employee in replacement, because the company is running to make profits and not to just give maternity leave to employees.
It is another point that the women was working in your company for 1 year and then she is demanding maternity benefits, because now she has worked only for 4 months and there is no guarantee that she will return after pregnancy as might be she need to take care of baby so obviously you will be wasting lot of money on her, so better counsel with her and let her resign the job. Because I feel maternity benefits should be given only to women who work for long time, like 1 year or so.
Now the above reply was not legal but going legally:
If we analyze the maternity benefit act carefully:
ELIGIBILITY FOR MATERNITY BENEFIT:
A women shall be entitled to maternity benefit only if she has actually worked in an
establishment of the employer for a period of not less then eighty days in the twelve
months immediately proceeding the date of her expected delivery (section-5[2])
MAXIMUM PERIOD OF MATERNITY BENEFIT: Maximum twelve weeks of
which not more then six weeks shall proceed the date of her expected delivery (section-
5[5])
i.e. six weeks prenatal and six weeks post natal
:
Now extracting points to make it simple:
A women has to work minimum 80 days is one eligibility and another eligibility is she needs to be minimum one year old in the company from the expected date of delivery.
So as explained by one member she will get 6 weeks pre natal and 6 weeks post natal, taking into consideration days we get as 6*7= 42 days prenatal and 42 days post natal,
So if the employee is planning to take leave from XX date then the employee has to be in employment for minimum 365-42 = 323 days old in employment from the date of her taking leave, I dont know howcome so many senior HRs failed to notice this very important point of law, because each and every sentence, clause in law has a hidden meaning, and our indian laws are most confusing, so you need to carefully analyze each and every clause,[/QUOTE]